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SA-3 - RESO - REFUNDING BONDS
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SA-3 - RESO - REFUNDING BONDS
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Last modified
9/27/2018 2:45:16 PM
Creation date
9/27/2018 2:32:05 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
10/2/2018
Destruction Year
2023
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connection with the taxation of such property by such Taxing Agency last equalized prior to the <br />effective date of the ordinance adopting the Redevelopment Plan, or the respective effective dates of <br />ordinances approving amendments to the Redevelopment Plan that added territory, as applicable (each, <br />a "base year valuation"), will be allocated to, and when collected will be paid into, the funds of the <br />respective Taxing Agencies as taxes by or for the Taxing Agencies on all other property are paid; and <br />(b) To the Former Agency/Successor Agency: Except for that portion of the taxes in excess <br />of the amount identified in (a) above which are attributable to a tax rate levied by a Taxing Agency for <br />the purpose of producing revenues in an amount sufficient to make annual repayments of the principal <br />of and the interest on, any bonded indebtedness approved by the voters of the Taxing Agency on or after <br />January 1, 1989 for the acquisition or improvement of real property, which portion shall be allocated to, <br />and when collected shall be paid into, the fund of that. Taxing Agency, that portion of the levied taxes <br />each year in excess of such amount, annually allocated within the Redevelopment Plan limit, when <br />collected will be paid into a special fund of the Former Agency/Successor Agency. Section 34183 of the <br />Dissolution Act effectively eliminates the January 1, 1989 date from this paragraph. Additionally, <br />effective September 22, 2015, debt service override revenues approved by the voters for the purpose of <br />supporting pension programs, capital projects, or programs related to the State Water Project, that are <br />not pledged to or needed for debt service on successor agency obligations are allocated and paid to the <br />entity that levies the override and will not be deposited into the RPTTF. <br />Tax revenues generated as set forth under (b) above and allocated to the Successor Agency constitute a <br />portion of the Tax Revenues, as that term is used in the Official Statement. <br />Pledged Tax Revenues <br />For the security of the Bonds, the Successor Agency grants a pledge of and lien on all of the Tax <br />Revenues. Tax Revenues are defined under the Indenture as all taxes annually allocated and paid to the <br />Successor Agency pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the Law, Section 16 <br />of Article XVI of the Constitution of the State and other applicable state laws and as provided in the <br />Redevelopment Plan available for or deposited into the RPTTF, [to the extent not payable with respect to Pass <br />Through Obligations, and subject to the equal and senior claims of indebtedness, if, any.] <br />If, and to the extent, that the provisions of Section 34172 or paragraph (2) of subdivision (a) of Section <br />34183 of the Dissolution Act are invalidated by a final judicial decision, then Tax Revenues will include all tax <br />revenues allocated to the payment of indebtedness pursuant to California Health and Safety Code Section 33670 <br />or such other section as maybe in effect at the time providing for the allocation of tax increment revenues in <br />accordance with Article XVI, Section 16 of the California Constitution. <br />The Successor Agency has covenanted and agreed in the Indenture that all Tax Revenues when and as <br />received, will be received by the Successor Agency in trust hereunder and will be transferred to the Trustee <br />within a reasonable period of time from the receipt by the Successor Agency, for deposit by the Trustee in the <br />Tax Increment Fund and will be accounted for through and held in trust in the Tax Increment Fund, and the <br />Successor Agency will have no beneficial right or interest in any of such money, except only as specifically <br />provided otherwise in the Indenture. All such Tax Revenues, whether received by the Successor Agency and <br />held in trust pending transfer or deposited with the Trustee, all as provided in the Official Statement, shall <br />nevertheless be disbursed, allocated and applied solely to the uses and purposes set forth in the Indenture, and <br />shall be accounted for separately and apart from all other money, funds, accounts or other resources of the <br />Successor Agency. Any Tax Revenues received by the Trustee in the Tax Increment Fund (other than amounts <br />deposited in the Reserve Account) in excess of the amounts required to be held by the Trustee in the Tax <br />Increment Fund shall be released from the pledge and lien hereunder and transferred to the Successor Agency <br />and may be used for any lawful purpose of the Successor Agency. <br />13 <br />SA -3-27 <br />
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